Sutton v. Parker et al
Plaintiff: Nicholas Todd Sutton
Defendant: Tony Mays and Tony Parker
Case Number: 3:2019cv00005
Filed: January 4, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Eli J Richardson
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 21, 2019 Filing 13 MEMORANDUM in Support of #12 MOTION to Dismiss Amended Complaint for Injunctive Relief filed by Tony Mays, Tony Parker . (Attachments: #1 Exhibit Second Amended Complaint for Declaratory Judgment, #2 Exhibit Order Dismissing with Prejudice Plaintiffs' Challenge to the Tennessee Lethal Injection Protocol, and Memorandum of Findings of Fact and Conclusions of Law, #3 Exhibit Memorandum and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss)(Sutherland, Scott)
February 21, 2019 Filing 12 MOTION to Dismiss Amended Complaint for Injunctive Relief by Tony Mays, Tony Parker. (Sutherland, Scott)
February 7, 2019 Filing 11 AMENDED COMPLAINT for Injunctive Relief against All Defendants, filed by Nicholas Todd Sutton. (Attachments: #1 Attachment Electrocution Procedures 3/13/17, #2 Attachment Chancery Court Order, #3 Attachment Lethal Injection Protocol 1/8/18, #4 Attachment Lethal Injection Protocol 7/5/18, #5 Attachment Dr. Sasich Declaration, #6 Attachment Billy Ray Irick Prescription, #7 Attachment Chancery Court Order Dismissing Suit 7/26/18, #8 Attachment Dr. Evans Testimony, #9 Attachment Email from Drug Supplier, #10 Attachment Irick Execution Timeline, #11 Attachment News Articles, #12 Attachment Dr. Lubarsky Affidavit, #13 Attachment Dr. Lubarsky Testimony, #14 Attachment Dr. Edgar Testimony, #15 Attachment Military Executions/Procedures, #16 Attachment Deborah Denno Article, #17 Attachment Exhibit of Texas Executions, #18 Attachment 2018 Executions from Death Penalty Execution Information Center, #19 Attachment Documents from the Drug Procurer, #20 Attachment Handwritten Notes of the Drug Procurer, #21 Attachment Parker Testimony, #22 Attachment Parker Deposition, #23 Attachment Inglis Testimony, #24 Attachment Invoices for Lethal Injection Drugs, #25 Attachment Emails from the Drug Procurer, #26 Attachment Inglis Deposition, #27 Attachment Contracts with Compounding Pharmacies, #28 Attachment Edmund Zagorski Records, #29 Attachment Redacted Pharmacy Website Information, #30 Attachment Redacted Pharmacist and Pharmacy Discipline Records, #31 Attachment AP Article re: TN Electric Chair, #32 Attachment Allen Lee Davis Execution Photos, #33 Attachment Electric Chair Modification Letters, #34 Attachment Dr. Wikswo Reports, #35 Attachment Daryl Holton Execution Photos, #36 Attachment Daryl Holton Autopsy, #37 Attachment News Articles, #38 Attachment Ricky Gray Autopsy, #39 Attachment William Morva Autopsy, #40 Attachment Warden Mays Deposition (excerpt), #41 Attachment Warden Mays Testimony (excerpt), #42 Attachment Sutherland Representation re: Two-Drug Alternative, #43 Attachment Edmund Zagorski Photos, #44 Attachment Henness Reprieve, #45 Attachment Governor Dewine Press Release, #46 Attachment Sutton Sentencing Documents, #47 Attachment Chancery Court Order Applying Rule 15.02, #48 Attachment Declaration of Dr. Zivot)(Kissinger, Stephen)
January 31, 2019 Filing 10 RESPONSE in Opposition re #2 MOTION to Dismiss Complaint for Injunctive Relief filed by Nicholas Todd Sutton. (Attachments: #1 Attachment 1 - Email string, #2 Attachment 2 - Trial Tran. pp.2657-58)(Kissinger, Stephen)
January 17, 2019 Opinion or Order Filing 9 ORDER granting #8 Motion for Extension of Time to Amend #1 Complaint and for Extension of Time to File Response/Reply to #2 MOTION to Dismiss. Plaintiff's response to Defendant's motion to dismiss is due on or before January 31, 2019 and the amended complaint is due on or before February 7, 2019. Any reply to Plaintiff's response is due on or before February 14, 2019. Signed by District Judge Eli J. Richardson on 1/17/19. (dt) Modified on 1/22/2019 (dt).
January 17, 2019 Filing 8 MOTION for Extension of Time to Amend #1 Complaint,,,,,,,,, , MOTION for Extension of Time to File Response/Reply as to #3 Memorandum in Support, #2 MOTION to Dismiss by Nicholas Todd Sutton. (Kissinger, Stephen)
January 7, 2019 Filing 7 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt)
January 7, 2019 TN State Bar status verified as active for Robert W. Mitchell, Scott C. Sutherland and Stephen M. Kissinger. (dt)
January 4, 2019 Opinion or Order Filing 6 COPY OF ORDER FROM 3:18-CV-1234: David Earl Miller, the lead plaintiff in this challenge to Tennessee's method of execution, died by electrocution on December 6, 2018. (See Doc. No. 44.) By agreement of the affected Judges of this Court regarding the proper application of the Courts Administrative Order 158-1, IN RE: POLICIES and PROCEDURES FOR CAPITAL HABEAS CORPUS PETITIONS AND RELATED CASES, the claims of the three remaining plaintiffs are hereby SEVERED into separate actions. Each Plaintiff MUST proceed in his own respective matter for all purposes from this day forward unless otherwise ordered by the Court. Signed by District Judge William L. Campbell, Jr on 1/4/19.(dt)
December 17, 2018 Opinion or Order Filing 5 ORDER granting #4 MOTION for Extension of Time to File a Response to #2 MOTION to Dismiss for Failure to State a Claim and MOTION for Extension of Time to Amend the #1 Complaint. Signed by District Judge William L. Campbell, Jr on 12/17/18. (Copy of Order from related case 3:18-cv-1234) (dt) Modified on 1/7/2019 (dt).
December 14, 2018 Filing 4 MOTION for Extension of Time to File Response as to #2 MOTION to Dismiss and MOTION for Extension of Time to Amend the #1 Complaint filed by Nicholas Todd Sutton. (Copy of Motion from related case 3:18-cv-1234) (dt) Modified on 1/7/2019 (dt).
December 4, 2018 Filing 3 MEMORANDUM in Support of #2 MOTION to Dismiss filed by Tony Mays, Tony Parker. (Copy of Memorandum from related case 3:18-cv-1234) (dt) Modified on 1/7/2019 (dt).
December 4, 2018 Filing 2 MOTION to Dismiss by Tony Mays and Tony Parker. (Attachments: #1 Attachment - Order setting execution - Miller, #2 Attachment - Order setting execution - West, #3 Attachment - Order setting execution - Sutton) (Copy of Motion from related case 3:18-cv-1234)(dt) Modified on 1/7/2019 (dt).
November 2, 2018 Filing 1 COMPLAINT against Tony Mays and Tony Parker, filed by Nicholas Todd Sutton. (Attachments: #1 Attachment - Index to Attachments, #2 Attachment 1 - Electrocution Procedures 3/13/17, #3 Attachment 2 - Chancery Court Declaratory Judgment Order 11/22/10, #4 Attachment 3 - Lethal Injection Protocol 1/8/18, #5 Attachment 4 - Lethal Injection Protocol 7/5/18, #6 Attachment 5 - Dr. Sasich Declaration, #7 Attachment 6 - Chancery Court Order Applying Tenn Civ. P. Rule 15.02 Dated 07/19, #8 Attachment 7 - Chancery Court Order Dismissing Suit 07/26/18, #9 Attachment 8 - Dr. Evans Testimony, #10 Attachment 9 - Email from Drug Supplier, #11 Attachment 10 - Irick Execution Timeline, #12 Attachment 11 - News Articles, #13 Attachment 12 - Dr. Lubarsky Affidavit, #14 Attachment 13 - Dr. Lubarsky Testimony, #15 Attachment 14 - Dr. Edgar Testimony, #16 Attachment 15 - Military Executions/Procedures, #17 Attachment 16 - Deborah Denno Article, #18 Attachment 17- Exhibit of Texas Executions, #19 Attachment 18 - 2018 Executions from Death Penalty Information Center, #20 Attachment 19 - Documents from the Drug Procurer, #21 Attachment 20 - Handwritten Notes of the Drug Procurer, #22 Attachment 21 - Parker Testimony (excerpt), #23 Attachment 22 - Parker Deposition (excerpt), #24 Attachment 23 - Inglis Testimony (excerpt), #25 Attachment 24 - Invoices for Lethal Injection Drugs, #26 Attachment 25 - Emails from the Drug Procurer, #27 Attachment 26 - Inglis Deposition (excerpt), #28 Attachment 27 - Contracts with Compounding Pharmacies, #29 Attachment 28 - Omitted, #30 Attachment 29 - Redacted Pharmacy Website Information, #31 Attachment 30 - Redacted Pharmacist and Pharmacy Discipline Records, #32 Attachment 31 - AP Article re: TN Electric Chair, #33 Attachment 32 - Allen Lee Davis Execution Photos, #34 Attachment 33 - Electric Chair Modifications Letters, #35 Attachment 34 - Dr. Wikswo Reports, #36 Attachment 35 - Daryl Holton Photos, #37 Attachment 36 - Daryl Holton Autopsy, #38 Attachment 37 - News Articles, #39 Attachment 38 - Ricky Gray Autopsy, #40 Attachment 39 - William Morva Autopsy, #41 Attachment 40 - Mays Deposition (excerpt), #42 Attachment 41 - Mays Testimony (excerpt), #43 Attachment 42 - Sutherland Representation re: Two-Drug Alternative, #44 Attachment - Civil Cover Sheet)(dt) Modified on 1/7/2019 (dt).

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Defendant: Tony Mays
Represented By: Scott C. Sutherland
Represented By: Robert W. Mitchell
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Defendant: Tony Parker
Represented By: Scott C. Sutherland
Represented By: Robert W. Mitchell
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Plaintiff: Nicholas Todd Sutton
Represented By: Stephen M. Kissinger
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